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Here’s the deal: a judge tossed out some charges, but the DA got them back on. The accused was charged with heroin possession for sale, but the magistrate said the evidence wasn’t strong enough. The prosecution appealed, and the appeals court sided with the DA. The magistrate’s expert said the heroin was for sale, but the magistrate didn’t think the quantity alone was enough to prove it. The court didn’t find that the magistrate made factual findings, so it reviewed the case independently. There was no evidence to challenge the prosecution’s expert, and the testimony was enough to show probable cause for possession for sale. Continue reading →